BILL NUMBER: SB 240	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Stone

                        FEBRUARY 17, 2015

    An act to amend Section 1170 of the Penal Code, relating
to mandatory supervision.   An act to add Section
21080.27 to the Public Resources Code, relating to environmental
quality. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 240, as amended, Stone.  Mandatory supervision.
  California Environmental Quality Act: exemption:
renewable energy projects on disturbed land.  
   The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report on a project that
it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. CEQA also requires
a lead agency to prepare a mitigated negative declaration for a
project that may have a significant effect on the environment if
revisions in the project would avoid or mitigate that effect and
there is no substantial evidence that the project, as revised, would
have a significant effect on the environment. CEQA exempts various
projects from its requirements.  
   This bill would exempt specified renewable energy projects of
limited duration on disturbed land, as defined, that meet certain
requirements. Because a lead agency would be required to determine if
a project qualifies for this exemption, the bill would impose a
state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Existing law authorizes a court, when sentencing a person to
county jail for a felony, to commit the person to county jail for
either the full term in custody, as specified, or to suspend the
execution of a concluding portion of the term selected at the court's
discretion. Under existing law, this period of suspended execution
is supervised by the county probation officer and is known as
mandatory supervision.  
   This bill would make a defendant subject to mandatory supervision
subject to search and seizure by a peace officer at any time of the
day or night, with or without cause. The bill would also require the
defendant to admit any peace officer designated by the sheriff or his
or her designee or the county probation officer or his or her
designee into the defendant's residence at any time for purposes of
verifying the defendant's compliance with the conditions of his or
her mandatory supervision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 21080.27 is added to the 
 Public Resources Code   , to read:  
   21080.27.  (a) For purposes of this section, the following terms
mean the following:
   (1) "Disturbed land" means real property that is any of the
following:
   (A) A brownfield as defined in Section 9601 of Title 42 of the
United States Code.
   (B) Property with at least 25 percent of the area covered by
nonnative species.
   (C) Property that was formerly used for agricultural or grazing
purposes.
   (D) Property that was historically used for timber harvesting or
mining purposes.
   (2) "Limited duration" means not more than 25 years.
   (3) "Renewable energy project" means a project with a generation
capacity of not more than 25 megawatts and that will provide
electrical service pursuant to Section 2830 of the Public Utilities
Code.
   (b) This division does not apply to any activities related to the
construction and operation of a renewable energy project of limited
duration on disturbed land that meets all of the following:
   (1) The renewable energy project is designed to provide both
immediate benefit to ecosystem services, such as watershed function
or habitat restoration, for the disturbed land during the first five
years of the project and long-term benefits for the disturbed land.
   (2) The renewable energy project demonstrates an overall energy
cost savings to the local government for the life of the project.
   (3) The project applicant has provided, to the satisfaction of the
lead agency, sufficient financial assurance, in the form of a surety
bond or other instrument, to remediate the disturbed land at the end
of the life of the renewable energy project. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.  All
matter omitted in this version of the bill appears in the bill as
introduced in the Senate, February 17, 2015. (JR11)